Allahabad High Court
ARVINDversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition was dismissed because the correction period had expired and the selection process had already concluded.
Summary
The petitioner Arvind filed a writ petition seeking permission to appear for counseling for the Assistant Teacher recruitment and to have his actual date of birth corrected in the application form, alleging that the date of birth was wrongly entered. He claimed that his earlier writ petition (Writ‑A No.4500 of 2024) was improperly linked with other petitions and that the selection process was still ongoing. The respondents argued that the advertisement allowed a correction window from 17‑01‑2017 to 19‑01‑2017, which the petitioner missed, and that the counseling had already taken place in 2023 with the selection process now concluded following a Supreme Court order. The court found that the statutory correction period had elapsed and the recruitment process was over, and therefore could not grant the relief sought. Consequently, the petition was dismissed.
Issues considered
- Whether the petitioner is entitled to be allowed to appear for counseling despite an incorrect date of birth in the application form.
- Whether the statutory window for correcting the date of birth has expired, precluding any relief.
- Whether the conclusion of the selection process and the Supreme Court's order bar the grant of the petitioner's relief.
Subjects
- date of birth correction
- recruitment
- counseling
- writ petition
- selection process
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15814 of 2026
Arvind
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Bhushan Dubey, Shailesh
Kumar Tiwari
Counsel for Respondent(s) : C.S.C., Sanjay Kumar Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
the State-respondent nos.1 and 2 as well as Mr. Sanjay Kumar Singh,
learned counsel for respondent no.3-BSA.
2. The instant writ petition has been filed with the prayer to direct the
respondent authorities to permit the petitioner to appear for counseling
and treat the actual date of birth in place of date of birth which has been
wrongly mentioned in the prescribed form and a further prayer to decide
the representation/affidavit of the petitioner dated 29.01.2024, in
accordance with law.
3. Learned counsel for the petitioner submits that the petitioner had earlier
filed Writ-A No.4500 of 2024 (Arvind vs. State of U.P. And 2 Others)
with nearly the same prayer. He further contends that the aforesaid writ
petition was wrongly connected with the bunch of other writ petitions,
which has been disposed of by order dated 09.04.2025 passed in Writ-A
No.7962 of 2024 (Seema Sharma And 15 Others vs. State of U.P. And 2
Others), granting liberty to the petitioners therein to approach this Court
after the final order is passed by the Apex Court where the issue was
pending. He further submits that the petitioner may be permitted for
counseling after correction in the date of birth as the selection
proceedings pursuant to 12460 vacancies for the post Assistant Teachers
as advertised, is still going on.
4. On the basis of instructions as passed on to the Court today, which are
WRIA No. 15814 of 2026
2
kept on record, learned counsel for respondent-BSA submits that as per
the advertisement inviting applications from the candidates, time was
granted from 17.01.2017 to 19.01.2017 for correcting any mistake made
by them. He also contends that no such correction was made by the
petitioner. Even after filing of the aforementioned writ petition, the
petitioner did not approach the authorities concerned when the counseling
was going on in the year 2023 for correction of his date of birth. He
further submits that the selection proceedings have come to an end after
the order passed by the Hon'ble Supreme Court, therefore, the relief as
prayed cannot be granted to the petitioner.
5. In view of the aforesaid, the instant writ petition is, accordingly,
dismissed.
(Mrs. Manju Rani Chauhan,J.)
September 29, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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